Qantas Super has a internal dispute resolution policy to ensure member inquiries and complaints are resolved promptly and regulatory obligations are met.
How do I lodge a complaint?
1. Call us on 1300 362 967, 8am to 7pm AEST / AEDT weekdays, to discuss your complaint.
2. Write to us at: Superannuation Inquiries Officer, Qantas Superannuation Plan, GPO Box 4303, Melbourne VIC 3001
The Superannuation Inquiries Officer will ensure that your complaint is investigated appropriately and will provide you with a response.
If you do not receive a response to your complaint within 45 days or are not satisfied with the response Qantas Super has provided, you can lodge a complaint with the Australian Financial Complaints Authority (AFCA). AFCA provides fair and independent financial services complaint resolution that is free to consumers.
Email: [email protected]
Telephone: 1800 931 678 (free call)
In writing to: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001
Qantas Superannuation Limited (the Trustee), the trustee of the Qantas Superannuation Plan (the Plan), has established a conflicts management framework (CMF) to ensure that all potential and actual conflicts in the Trustee’s business operations are clearly identified and all reasonably practicable actions are taken to avoid such conflicts or they are prudently managed.
The CMF comprises the following:
(a) the Conflicts Management Policy (CMP or Policy) (included in this document);
(b) the Register of Relevant Duties and Relevant Interests (Register); and
(c) the Conflicts of Interest Registers Procedure (Procedure).
The CMF is approved and regularly reviewed by the Board, which is ultimately responsible for the development and maintenance of this framework.
Conflicts Management Policy – Purpose
The purpose of the Policy is to provide controls and processes for:
(a) identifying and monitoring all potential or actual conflicts that may arise within the Trustee’s business operations;
(b) avoiding conflicts where required to do so by the general law;
(c) managing conflicts or ensuring that the conflict is managed in accordance with legal obligations to of the Plan (Members) and other beneficiaries
(d) ensuring that appropriate action is taken in the event of an actual or potential conflict arising;
(e) recording details of each identified conflict and the actions taken to avoid or manage this conflict; and
(f) developing and maintaining the Register.
This document is a summary of the Policy. It describes the scope and main provisions of the Policy but does not address all the terms of the Policy nor does it identify how the Policy may apply in every circumstance.
Conflicts Management Policy
The Policy identifies relevant general and statutory law governing the area of conflicts in relation to both directors of companies generally and, in particular, trustee corporations, financial services licensees and RSE licensees.
(a) General fiduciary duties;
(b) Corporations Law requirements;
(c) Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) obligations;
(d) Licensing requirements for holders of an Australian Financial Services Licence and an RSE Licence; and
(e) The Trustee’s Constitution.
The Conflict Rule
The rule about conflicts is generally expressed as an obligation for a responsible person to avoid situations where there is a real and sensible possibility that a conflict will arise between their duties to the company and:
(a) their own personal interests; or
(b) their duties to others.
Similarly, the Trustee must avoid situations where there is a real and sensible possibility that a conflict will arise between its duties to Members of the Plan and:
(i) its own interests; or
(ii) its duties to others.
The Trustee wishes to adopt a high standard of conduct to ensure all actual and potential conflicts of interest are managed appropriately. The Policy identifies the main duties that directors and other responsible persons of the Trustee have in relation to the management of conflicts of interest.
The primaryduty of the Trustee’s responsible persons is to ensure that the best financial interests of Members are served.
Identifying and Assessing a Conflict of Interest
This section defines what amounts to a conflict of interest and distinguishes them from other loyalties and influences that do not amount to a conflict.
It also confirms that each responsible person (or employee where required) of the Trustee must consider whether they:
(a) hold any office; or
(b) possess any property,
whereby, whether directly or indirectly, the duties or interests in relation to that office or property may conflict with their duties as a responsible person of the Trustee.
Gifts & Entertainment
The Trustee recognises that the giving and receiving of gifts or entertainment could result in a conflict of interest.
Trustee representatives must not give, seek or accept any gift, entertainment or other personal favour or assistance which goes beyond the common courtesies associated with accepted ethical and general commercial practice.
The following must not be given or received under any circumstance irrespective of their value:
(i) cash or personal cheques;
(ii) product or service discounts that are not generally available to the public or other clients; or
(iii) personal use of accommodation or transportation.
Each responsible person must ensure that all relevant gifts and entertainment offered or provided to them are recorded in their personal gifts and entertainment register as soon as practicable after the offer is made or the gift or entertainment is provided.
Otherwise, the following gifts or entertainment are deemed relevant and must be recorded in the Register, irrespective of whether the offer is accepted:
(1) those that are above the materiality threshold (as determined by the Trustee from time to time) in value; and
(2) those where the responsible person feels that the acceptance of that gift or entertainment is likely to have a significant impact on the responsible person’s capacity, or the capacity of the Trustee, to act in a manner consistent with the best financial interests of Members and other beneficiaries of the Plan.
Determining the Extent of Conflict
(a) Other Entities
To determine the extent of the potential conflict, responsible persons of the Trustee who are also responsible persons of another company should consider whether that company may have dealings (or any other kind of relationship) with the Trustee.
(b) Shareholdings and other interests
It is not always easy to identify a personal interest that is material. As a general rule, if the relevant shareholding or interest is such that the responsible person can exert control over, or influence, the activities or affairs of a company with which the Trustee has dealings, scope for conflict will exist.
However, lesser interests can also give rise to a conflict if they affect a responsible person’s judgment or ability fully to attend to the interests of the Trustee and Members.
To assist with determining if an interest is relevant, the Trustee has set materiality thresholds (in some cases dollar amounts), that will be regarded as relevant for the purposes of the Standard and therefore included in the Register and published on the Qantas Super website.
The materiality threshold has been set at a level above which the relevant interest is more likely to have a significant impact on the capacity of the Trustee, the associate of the Trustee or the responsible person holding the relevant interest, to act in a manner that is inconsistent with the best financial interests of Members.
The Policy details the materiality thresholds that the Trustee uses to determine if an interest is relevant and therefore needs to be published.
Any interests below the materiality threshold should still be disclosed if they could reasonably be expected to affect a responsible person’s judgement when acting on behalf of the Trustee.
Disclosure of a Conflict of Interest
If a responsible person of the Trustee has an actual or potential conflict of interest they must disclose their conflicting interest or duty. This applies from the time that the responsible person is appointed and on an ongoing basis while they are a responsible person.
Opportunities for Disclosure
For this purpose, a responsible person has the following opportunities to disclose a relevant duty and interest:
(a) On appointment;
(b) On an ongoing basis by submitting a standing notice;
(c) At the time a specific matter is being considered; or
(d) At any time by making a disclosure to be recorded in the Register.
The Corporations Act enables directors of a company to give a general or ‘standing’ notice to the other directors about a relevant interest or duty that could give rise to a conflict of interest or duty. It is the Trustee’s policy that all responsible persons, including directors, be able to give such a standing notice.
The Register is updated to reflect the content of the standing notice given by each responsible person. A list of the potential conflicts disclosed by directors is tabled at each Board meeting and recorded in the minutes.
A responsible person must disclose any change to their standing notice as soon as practicable and, in the case of directors, that change must be recorded in the minutes of the relevant meeting.
All responsible persons (and employees where applicable) will be requested to consider and, if appropriate, update their standing notice on a regular basis.
Responsible Persons must disclose a conflict or potential conflict as soon as practicable.
The Trustee will consider the risk that a conflict may arise in respect of any proposed outsourcing. An assessment will be undertaken prior to the selection and appointment of a service provider to identify any potential conflicts and to determine how these conflicts will be monitored, managed and/or mitigated.
The Trustee may enter into contracts with related parties where it is on arms’ length terms or the Trustee considers that there will be enhanced benefits for the Members in doing so, and it is consistent with the Trustee’s duties.
What must be disclosed?
While responsible persons must disclose the fact, nature and extent of any material personal interest or any potentially conflicting office, there is no fixed rule about the particular facts that must be disclosed to the Trustee.
In some cases, the appropriate level of disclosure may be affected by confidentiality obligations owed to other parties or companies.
However, responsible persons of the Trustee should comply with guidelines set out in the Policy.
Where previous disclosure is not sufficient
Even if an interest or office has been disclosed previously, responsible persons are required to consider on an ongoing basis whether any further disclosure is required to ensure that the Trustee and its responsible persons understand the nature of any conflict they may have on a particular transaction or proposal.
When any matter is being discussed at Board level, any director may query another director as to whether they consider they have a possible material personal interest or conflict of interest with the matter under discussion.
This matter should then be discussed and considered by the Board and if the Board (other than the director who is being queried) considers that there may be a possibility that the director has a material personal interest or a conflict of interest, then disclosure must be made and the director treated as if they have a material personal interest or a conflict of interest.
If a director is uncertain as to whether he or she has or may have a material personal interest or conflict of interest, he or she must disclose this at the Board meeting at which the matter is being discussed or with the Chair.
Continuing to Act
This section identifies considerations for responsible persons when deciding whether they can continue to act.
If they do continue to act, they should consider whether they are able to act (and demonstrate that they have acted):
(b) in good faith;
(c) for a proper purpose; and
(d) in the best interests of the Trustee and Members.
If they have any doubts they should abstain from:
(i) being present while the matter is being discussed;
(ii) discussing the matter; and
(iii) participating in the relevant activity or decision-making process.
Under the Trustee’s Constitution, a director who has a material personal interest or conflict of interest in any matter that is to be considered at a Board meeting can only be present while the matter is being considered at the meeting, or vote on the matter, if the other directors who do not have a material personal interest pass a resolution that:
(a) identifies the director, the nature and extent of the director’s interest in the matter and its relation to the affairs of the Trustee; and
(b) states that those directors are satisfied that the interest should not disqualify the interested director from voting or being present.
However, it is important to note that even if this occurs a director may have to abstain from acting. In extreme cases it may not be sufficient for a director to abstain from voting and they should seek advice about whether they have an irreconcilable conflict which may oblige them to resign.
Other responsible persons
Other responsible persons may need to abstain from participating in certain activities on behalf of the Trustee or, where the conflict relates to an office held with another company, abstain from participating in activities on behalf of that company.
The following records are maintained in respect of relevant disclosures:
(a) Minutes of meetings at which a disclosure is made or the meeting held following the disclosure; and
(b) The Register that contains details of all relevant duties and interests that could give rise to a potential or actual conflict.
Management also keep records of:
(i) actual or potential conflicts that have been disclosed or identified and how they are managed by the Trustee;
(ii) all compliance investigations and reports about conflicts of interest;
(iii) all breach notifications that relate to conflicts of interest; and
(iv) all action taken to rectify breaches that relate to conflicts of interest.
The Trustee must keep these records for at least 7 years.
Consequences of Failing to Manage a Conflict
This section outlines the potential consequences of a breach of duty by a responsible person of the Trustee.
These may give rise to a wide range of remedies, including payment of any benefit received by the fiduciary as a result of the breach (although it is not necessary that the fiduciary receive a benefit for a breach to be established).
In some cases, such as where responsible persons misuse information received as a result of holding office, they will have committed both a breach of their fiduciary duties and their obligations under the Corporations Act.
Dealing with Breaches of this Policy
Breaches of the policy may be identified through:
(a) the Member dissatisfaction framework;
(b) an annual review by Management of the Policy and its systems and procedures;
(c) an annual review by the external auditor;
(d) regular reports by Management to the Board; and
(e) training of the Trustee’s responsible persons.
Reporting and Rectifying Breaches
Any breaches or potential breaches of the policy:
(a) must be recorded in the breach register; and
(b) must be reported to Management and the Audit & Risk Committee promptly.
Management must investigate the breach or potential breach and report to the Board on measures taken to rectify the breach.
Oversight of Conflicts Management Framework
The Company Secretary is responsible for the oversight of the CMF.
Qantas Superannuation Limited (“we”, “us”, “our”) is bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth).
1. Personal information
“Personal information” is information or opinion about an identified individual, or an individual who is reasonably identifiable.
We collect and hold personal information that is reasonably necessary for, or directly related to, one or more of our functions or activities as the trustee of Qantas Super, which is a regulated superannuation fund. This information may include (as well as other information):
your name and date of birth
your contact details including residential address
your employment details, employment history and salary information
your tax file number
your contributions history
your nominated beneficiary details, and
your claims history.
“Sensitive information” is information or opinion about an individual which is:
personal information which is also information or an opinion about the individual’s racial or ethnic origins, political opinions, political association membership, religious beliefs or affiliations, philosophical beliefs, professional or trade association membership, trade union membership, sexual orientation or practices, or criminal record, or
health, genetic or biometric information about the individual.
We will only collect sensitive information (including health information) about you with your consent, except where we are required or permitted by law to collect your sensitive information without your consent.
2. Collection and use
We collect and use personal information about you so that we can admit you as a Member of Qantas Super, provide you with services and benefits in connection with your Membership of Qantas Super and communicate with you in relation to your Membership of Qantas Super. We may collect and use health information about you in connection with the provision of benefits, including insured benefits.
You have the right to refuse to provide us with personal information. However, if you decide to do so, we may be unable to admit you as a Member of Qantas Super, provide you with services and benefits in connection with your Membership of Qantas Super or communicate with you. There may also be other consequences. For example, if you do not provide us with your Tax File Number, we may be unable to accept personal after-tax contributions, and additional tax deductions may be made from contributions made by your employer.
Method of collection
We only collect personal information by lawful and fair means. We generally collect personal information directly from you, although if you are an employer-sponsored Member we also collect information from your employer. This information will generally come from what has been provided in your application forms, or through our contact with you or your employer. We may collect personal information about another individual, such as your nominated beneficiary, from you.
We or Qantas Super’s insurer may collect personal information, including health information, about you from third parties, such as doctors or other relevant persons, to assess and process claims for benefits, including insured benefits.
Qantas Super’s administrator holds your personal information on our behalf.
We are subject to a variety of laws, including the Superannuation Industry (Supervision) Act 1993 (Cth), the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and regulations made under those Acts, which may require us to collect, hold and use information to personally identify you.
We have internal resources to manage the Notifiable Data Breaches (NDB) obligations under the Australian Privacy Act 1988 (Privacy Act) which requires us to report certain data breaches to the Office of the Australian Information Commissioner (OAIC) and, where required, the impacted members. We have a Data Breach Response Plan in place to assist us in responding quickly to suspected data breaches.
If we receive personal information about you that we have not requested, and if we determine that we could not have lawfully collected that information under privacy law if we had requested it, we will destroy or de-identify the information, if it is lawful and reasonable to do so.
In general, we do not use or disclose your personal information for a purpose other than:
a purpose you would reasonably expect
a purpose required or permitted by law, or
a purpose otherwise disclosed to you to which you have consented.
We disclose your personal information to the administrator so that it can administer your Membership of Qantas Super. The administrator may in turn disclose your personal information to its external service providers.
We or the administrator may disclose your personal information to Qantas Super’s insurer so that we can provide insured benefits.
We may also disclose your personal information to other organisations, for example, to:
your employer, if you are an employer-sponsored Member
our related companies (if any)
other superannuation trustees
external service providers, such as accountants, auditors, lawyers, mailing houses and research consultants
government or regulatory authorities, where required or permitted by law.
We take all reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations with respect to the protection of your personal information.
Qantas Super’s administrator may disclose personal information to service providers in India and other countries outside of Australia. Any such disclosure will only be made for the purposes of the management and administration of Qantas Super, and the use of personal information is strictly controlled.
You may request access to the personal information that we hold about you by using the contact details provided above.
We will deal with your request for such access within a reasonable time. If we refuse access, we will provide you with a written notice which sets out the reasons for the refusal and the relevant provisions of the Privacy Act that we rely on to refuse access.
We may recover reasonable costs in relation to a request for access to personal information.
We take reasonable steps to make sure that the personal information we collect is accurate, up-to-date and complete. We take reasonable steps to make sure that the personal information we use or disclose is accurate, up-to-date, complete and relevant. Where we believe that the personal information we hold is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information.
You may also request that we correct your personal information that we hold by contacting us using the contact details provided above. We will take reasonable steps to correct the information to ensure that it is accurate, up-to-date, complete, relevant and not misleading.
We will deal with your request to correct your personal information within a reasonable time. If we do not agree with the corrections you have requested, we are not obliged to alter your personal information accordingly. However, where we refuse to correct any personal information as requested by you, we will give you a written notice which sets out the reasons for our refusal.
The administrator holds your personal information in paper-based and electronic files. We require the administrator to take all reasonable steps to ensure that your personal information which is kept in our files is protected from:
misuse, interference and loss, and
unauthorised access, modification or disclosure.
This means that, in respect of our paper-based files, the administrator maintains various security systems on its premises, and in respect of its electronic files, it maintains secure electronic network systems.
When we no longer require your personal information (including when we are no longer required by law to keep records relating to you), we ensure that it is destroyed or de-identified.
This section explains how we handle personal information collected from our website. If you have any questions or concerns about transmitting your personal information via the internet, you may contact us using the contact details provided above, as there are other ways for you to provide us with your personal information.
Visiting our website
Anytime you access an unsecured part of our website, that is, a public page that does not require you to log on, we will collect information about your visit, such as:
the time and date of the visit
any information or documentation that you download
your browser type, and
your server address.
Our website also may include a number of calculators, which may require you to enter your personal details. If you save the data you enter on the calculator, this information will be stored.
You may change the settings on your browser to reject cookies, however doing so will prevent you from access to the secured pages of our website.
When we receive emails, we will retain the content of the email and our response to you where we consider it necessary to do so.
Your email address will only be used or disclosed for the purpose for which it was provided, except where permitted by law. It will not be added to any mailing lists or used for any other purpose without your consent, except where permitted by law.
We make reasonable efforts to ensure that the most up-to-date security measures are used on our website to protect your personal information. Any data containing personal information which we transmit via the internet is encrypted. However, we cannot guarantee that any information transmitted via the internet by us, or yourself, is entirely secure. You use our website at your own risk.
Links on our website
We may use your personal information, including your contact details, to send or notify you of marketing information about other products and services that are available to you because of your membership of Qantas Super (eg travel offers), and to send you invitations to participate in member surveys and research about Qantas Super. We may do this while you are a member of Qantas Super, even if you are on the Do Not Call Register.
Your email and mobile number may be used in this way unless you let us know not to use them for this purpose. You can opt out of receiving email and text messages relating to this type of information by unsubscribing from email and text messages we send you. If you unsubscribe from email and text messages, we may still send you this type of information by post unless you opt out as described below.
You can opt out of receiving marketing information and survey/research invitations via email, text message and post by logging into your account online and changing your communication preferences, calling us on 1300 362 967 or by writing to the Privacy Officer (see contact details below).
9. Questions and complaints
Qantas Superannuation Limited (‘we’, ‘us’ or ‘our’), as trustee of the Qantas Superannuation Plan (Qantas Super), respects the privacy of your personal information and is committed to complying with the Australian Privacy Principles in the Privacy Act 1988 (Cth).
Collection of personal information
We collect personal information about you so that we can admit you as a member of Qantas Super, provide you with services and benefits in connection with your membership of Qantas Super and communicate with you in relation to your membership of Qantas Super. If you are an employer-sponsored member, we also collect personal information about you from your employer.
Consequences if the information is not collected
If we do not collect your personal information, or if that information is incomplete or inaccurate, we may be unable to admit you as a member of Qantas Super or provide you with these services and benefits. It may also prevent us from being able to contact you.
If you do not provide your tax file number (TFN), additional tax will be payable on employer or salary sacrifice contributions, you will be unable to make personal after-tax contributions and you will not qualify for the government co-contributions scheme (if eligible).
Disclosure of your personal information
We may disclose your personal information to third parties, such as your employer, Qantas Super’s administrator, insurer, professional advisers, and organisations who provide services to us in relation to your membership of Qantas Super. The administrator of Qantas Super may disclose personal information to service providers in India and other countries outside of Australia. Any such disclosure will only be made for the purposes of the management and administration of Qantas Super, and the use of personal information is strictly controlled. We may also disclose your personal information to regulatory bodies such as the Australian Taxation Office, where this is required by law.
We may use your personal information to send or notify you of marketing information about other products and services that are available to you because of your membership of Qantas Super (eg travel offers) and invitations to participate in member surveys and research about Qantas Super. You may opt out of receiving marketing information and survey/research invitations at any time by logging into your account and updating your communication preferences, or by calling or writing to us using the contact details of the Trustee or Qantas Super’s administrator provided below.
This website has been prepared to provide information to help you understand the Qantas Superannuation Plan. The information is not intended to constitute financial product advice – general advice or personal advice. Nor can it take the place of such advice from a financial adviser briefed on all your relevant individual financial circumstances.
If any of your personal details are incorrect, please contact the Plan and advise them of any changes.
The Financial Services Reform Act (or FSR) came into full effect on 11 March 2004. The FSR was introduced by the Government with the aim of providing more protection and disclosure to members who invest in financial products such as superannuation. Qantas Superannuation Limited ABN 47 003 806 960/AFSL 288330 (“the Trustee”) is not licensed to provide financial advice or personal advice on investments such as superannuation. On 5 July 2005, the Trustee became licensed to provide general superannuation product advice and will continue to take responsibility for the administration of the Plan and provide a variety of information to members through publications like the annual report and annual statement, the website, and in response to queries from individuals.
Some of the information provided on the site is based on legislative or other regulatory information current at a certain date (e.g. tax rates). The regulatory environment is constantly changing. Every effort is made to keep the site up-to-date, but from time to time it will not be possible to precisely track legislative and other changes. Members are asked to keep this in mind when considering information on the site. Our recommendation is that you consult with your financial adviser when you want to rely on the information.
The Trustee gives no warranty of reliability or accuracy and accepts no responsibility arising in any way (including through negligence) for errors or omissions contained herein.
Qantas Super is committed to fostering a culture where employees are encouraged to speak up on matters of concern. Whistleblowers play a key role in identifying and reporting improper conduct and we encourage anyone who suspects wrongdoing to report it.
A Whistleblower program is an important element in detecting corrupt, illegal or undesirable conduct within an organisation, and as such is a necessary part of achieving good corporate governance and risk management.
We are aware that people may have concerns about reporting such matters and have developed this Policy to provide a safe and secure way for Whistleblowers to disclose suspected wrongdoing. This is important to uncover and prevent improper conduct that may otherwise go unidentified.